ARTICLE 22. LEAVES OTHER THAN RESEARCH/STUDY LEAVES

22.1 Maternity Leave

22.1.1 A Supplementary Unemployment Benefit Plan (SUB) was approved for implementation by the Canada Employment and Immigration Commission (C.E.I.C.) and limited to maternity leaves commencing on or after that date on October 1, 1983. The provisions of the Plan are as follows:

22.1.1.1 In order to qualify under this provision a Member must:

22.1.1.1.1 have completed twelve (12) continuous months of full-time employment with the University immediately prior to the date on which the proposed leave commences;

22.1.1.1.2 submit to the dean/director an application in writing for leave under this provision prior to the commencement of the academic term during which the requested leave would occur;

22.1.1.1.3 provide the dean/director with a certificate of a duly qualified medical practitioner certifying that she is pregnant and specifying the estimated date of her delivery;

provide the dean/director in the case of adoption leave, with a statutory declaration that the Member is the primary caregiver of the child;

22.1.1.1.4 provide the dean/director with proof that the Member has applied for unemployment insurance benefits and that the C.E.I.C. has agreed that the Member has qualified for and is entitled to such Unemployment Insurance Benefits pursuant to Section 18 of the Unemployment Insurance Act, 1971.

22.1.1.2 The maternity leave may commence at any time between the tenth week before the expected birth week and the expected birth week. The leave must be taken in one consecutive seventeen (17) week period.

22.1.1.3 A Member who qualifies under this provision is entitled to a leave consisting of:

22.1.1.3.1 a period not exceeding seventeen (17) weeks except as described in s. 22.1.1.3.2;

22.1.1.3.2 a period of seventeen (17) weeks plus an additional period equal to the period between the date of delivery specified in the medical certificate and the actual date of delivery, if delivery occurs after the date mentioned in that certificate.

22.1.1.4 During the period of leave the Member who qualifies is entitled to a maternity leave allowance as follows, where "weekly salary" means (base salary rate + any administrative stipend) ÷ 52:

22.1.1.4.1 for the first two (2) weeks the Member shall receive ninety-five percent (95%) of her weekly salary;

22.1.1.4.2 up to a maximum of fifteen (15) additional weeks, the Member shall receive payments equivalent to the difference between the Unemployment Insurance benefits she is eligible to receive and ninety-five percent (95%) of her weekly salary; in the case of adoption leave, for the weeks during which the Member is in receipt of Unemployment Insurance benefits, up to a maximum of ten (10) additional weeks, the Member shall receive payments equivalent to the difference between the Unemployment Insurance benefits he/she is in receipt of and ninety-five percent (95%) of his/her weekly salary; in the case of adoption leave, for the weeks during which the Member is in receipt of Unemployment Insurance benefits, up to a maximum of five (5) more additional weeks, the Member shall receive payments equivalent to the difference between the Unemployment Insurance benefits he/she is in receipt of and ninety-five percent (95%) of his/her weekly salary for each additional week he/she is in receipt of Unemployment Insurance benefits where:

the adopted child is six (6) months of age or older at the time of the child's arrival at the Member's home or actual placement with the Member for the purpose of adoption; and

a medical practitioner or the agency that placed the child certifies that the child suffers from a physical, psychological or emotional condition that requires an additional period of parental care.

22.1.1.4.3 the combination of SUB payments, Unemployment Insurance benefits plus any earnings received, from all sources, by the Member cannot, in respect of any week (as described in sections 22.1.1.4.1 and s. 22.1.1.4.2 above) exceed ninety-five percent (95%) of the Member's weekly salary.

22.1.1.5 An applicant for maternity leave under this provision must sign an agreement with the University providing that:

22.1.1.5.1 she will return to her normal duties and will remain in the employ of the University on a full-time basis for at least six (6) months following a return to normal duties unless a comparable alternate arrangement is made with her dean/director, and

22.1.1.5.2 she will return on the date of the expiry of the leave unless this date is modified by the University, and

22.1.1.5.3 should the Member fail to return to work as provided under s. 22.1.1.5.1 and/or s. 22.1.1.5.2 above, she is indebted to the University for the full amount of pay received from the University as a maternity leave allowance during her entire period of leave.

22.1.1.5.4 Contributions to the pension plan and staff benefits plans shall be continued by the University and the Member throughout the period of the leave on the basis of one hundred percent (100%) of salary. The period of leave shall be credited towards years of service in the calculation of pension benefits. The period of leave shall also be credited towards years of full-time service in the calculation of eligibility for research/study leave.

22.1.1.6 Under this provision and in accordance with Section 57.13(h) of the Regulations to the Unemployment Insurance Act, 1971, Members have no vested right to payments under the SUB Plan except to payments during a period of unemployment specified in the SUB Plan.

22.1.1.7 Under this provision and in accordance with Section 57.13(i) of the Regulations to the Unemployment Insurance Act, 1971, payments in respect of guaranteed annual remuneration or in respect of deferred remuneration or severance pay benefits are not reduced or increased by payments received under the SUB Plan.

22.1.1.8 A Member who has been granted a maternity leave shall, upon written application to the dean/director for an additional period of leave, be granted an additional contiguous leave of absence without pay for up to a maximum of seventeen (17) weeks such that the total period of leave is, subject to s. 22.1.1.2.2, not greater than thirty-four (34) weeks.

 

22.2 Parental Leave for Adoption

22.2.1 A Supplementary Unemployment Benefit Plan (SUB) was approved for implementation by the Canada Employment and Immigration Commission (C.E.I.C.) and limited to parental leaves for adoption commencing on or after that date on October 1, 1983. The provisions of the Plan are as follows:

22.2.1.1 In order to qualify under this provision a Member must:

22.2.1.1.1 have completed twelve (12) continuous months of full-time employment with the University immediately prior to the date on which the proposed leave commences;

22.2.1.1.2 submit to the dean/director an application in writing for leave under this provision prior to the commencement of the academic term during which the requested leave would occur;

22.2.1.1.3 provide the dean/director with a statutory declaration that the Member is the primary caregiver of the child;

22.2.1.1.4 provide the dean/director with proof that the Member has applied for unemployment insurance benefits and that the C.E.I.C. has agreed that the Member has qualified for and is entitled to such Unemployment Insurance Benefits pursuant to Section 20 of the Unemployment Insurance Act, 1971.

22.2.1.2 The parental leave for adoption will commence during the week in which the adoption takes place.

22.2.1.3 A Member who qualifies under this provision is entitled to a leave consisting of a period not exceeding seventeen (17) weeks. The leave must be taken in one consecutive seventeen (17) week period.

22.2.1.4 During the period of leave the Member who qualifies is entitled to a parental leave for adoption allowance as follows, where "weekly salary" means (base salary rate + any administrative stipend) ÷ 52:

22.2.1.4.1 for the first two (2) weeks the Member shall receive ninety-five percent (95%) of his/her weekly salary;

22.2.1.4.2 for the weeks during which the Member is in receipt of Unemployment Insurance benefits, up to a maximum of ten (10) additional weeks, the Member shall receive payments equivalent to the difference between the Unemployment Insurance benefits he/she is in receipt of and ninety-five percent (95%) of his/her weekly salary;

22.2.1.4.3 for the weeks during which the Member is in receipt of Unemployment Insurance benefits, up to a maximum of five (5) more additional weeks, the Member shall receive payments equivalent to the difference between the Unemployment Insurance benefits he/she is in receipt of and ninety-five percent (95%) of his/her weekly salary for each additional week he/she is in receipt of Unemployment Insurance benefits where:

22.2.1.4.3.1 the adopted child is six (6) months of age or older at the time of the child's arrival at the Member's home or actual placement with the Member for the purpose of adoption; and

22.2.1.4.3.2 a medical practitioner or the agency that placed the child certifies that the child suffers from a physical, psychological or emotional condition that requires an additional period of parental care.

22.2.1.4.4 the combination of SUB payments, Unemployment Insurance benefits plus any earnings received, from all sources, by the Member cannot, in respect of any week (as described in sections 22.2.1.4.1, 22.2.1.4.2 and 22.2.1.4.3 above) exceed ninety-five percent (95%) of the Member's weekly salary.

22.2.1.5 An applicant for parental leave for adoption under this provision must sign an agreement with the University providing that:

 

22.2.1.5.1 he/she will return to his/her normal duties and will remain in the employ of the University on a full-time basis for at least six (6) months following a return to normal duties unless a comparable alternate arrangement is made with his/her dean/director, and

22.2.1.5.2 he/she will return on the date of the expiry of the leave unless this date is modified by the University, and

22.2.1.5.3 should the Member fail to return to work as provided under s. 22.2.1.5.1 and/or s. 22.2.1.5.2 above, he/she is indebted to the University for the full amount of pay received from the University as a parental leave for adoption allowance during his/her entire period of leave.

22.2.1.5.4 Contributions to the pension plan and staff benefits plans shall be continued by the University and the Member throughout the period of the leave on the basis of one hundred percent (100%) of salary. The period of leave shall be credited towards years of service in the calculation of pension benefits. The period of leave shall also be credited towards years of full-time service in the calculation of eligibility for research/study leave.

22.2.1.6 Under this provision and in accordance with Section 57.13(h) of the Regulations to the Unemployment Insurance Act, 1971, Members have no vested right to payments under the SUB Plan except to payments during a period of unemployment specified in the SUB Plan.

22.2.1.7 Under this provision and in accordance with Section 57.13(i) of the Regulations to the Unemployment Insurance Act, 1971, payments in respect of guaranteed annual remuneration or in respect of deferred remuneration or severance pay benefits are not reduced or increased by payments received under the SUB Plan.

22.3 Other Child Care Leaves

22.3.1 In order to qualify under this section a Member must:

22.3.1.1 become the natural father of a child or assume actual care and custody of his newborn child; and

22.3.1.2 have completed twelve (12) continuous months of full-time employment with the University immediately prior to the date on which the proposed leave commences; and

22.3.1.3 submit to the dean/director an application in writing for leave under this provision prior to the commencement of the academic term during which the requested leave would occur.

22.3.2 A Member who qualifies under this section is entitled to an unpaid child care leave of up to seventeen (17) weeks commencing no later than the first anniversary date of the birth of the child or of the date on which the child comes into the actual care and custody of the Member.

22.3.3 Upon written application and approval as provided in s. 22.3.4, a Member who is not eligible for maternity leave, parental leave for adoption or child care leave described in s. 22.3.1 and s. 22.3.2 is entitled to a leave of absence without pay as follows:

22.3.3.1 in the case of a male Member who has become the natural father of a child, up to six (6) weeks to be taken within a period of six (6) weeks beginning either on the day of the child's birth or at any time during the ninety (90) days immediately following the birth of the child; or

22.3.3.2 in the case of the adoption of a child, up to three (3) weeks immediately following the adoption of the child.

22.3.4 For the purposes of s. 22.3.3:

22.3.4.1 arrangements satisfactory to the dean/director shall be made at the time the leave is granted to ensure that the Member's academic duties will be met; and

22.3.4.2 a Member may, in accordance with the provisions of Article 9, be authorized to use up to three (3) weeks paid vacation which the Member has accumulated.

22.4 Sick Leave

22.4.1 A Member shall be entitled to paid sick leave for up to 180 days when he/she is unable to perform his/her duties as a result of illness or accident.

22.4.2 A Member who is unable to perform his/her duties as a result of illness or accident shall notify his/her department head or arrange to have his/her department head notified as soon as reasonably possible in the circumstances and provide his/her department head with an estimate of the length of his/her absence.

22.4.3 The University may at any time require the Member to provide a medical certificate.

22.4.4 The University may require the Member to obtain a second medical opinion from a physician mutually agreed upon by the University and the Member. In the event the University and the Member are unable to agree upon a physician, the physician shall be chosen by the University Medical Officer or his/her delegate.

22.4.5 Where the second medical opinion differs from the first medical opinion provided by the Member with regard to the diagnosis, the Member shall submit to such additional diagnostic procedures as the provider of the second opinion deems necessary.

22.4.6 Where the second medical opinion differs from the first medical opinion provided by the Member with regard to the prognosis for the Member's resumption of his/her duties or where the first medical opinion is silent in this regard, the University may require the Member to be evaluated by an occupational health professional chosen by the Member’s physician and University Medical Officer or his/her delegate who will provide a plan to facilitate the Member's resumption of his/her duties.

22.4.7 In the event the Member remains unable to perform his/her duties as a result of illness or accident after 180 days, he/she is eligible to apply for benefits under the provisions of the Long-Term Disability Income Plan.

22.5 Political Leave

22.5.1 Consultation

Any Member who has become a candidate for elective office as defined in s. 22.5.3 shall consult with his/her dean/director about the effects of such candidacy on his/her department, bearing in mind (a) a short-term absence during the campaign period, (b) a possible long-term absence, and (c) the possibility of continuing some academic duties on a part-time basis. The dean/director/department head shall at all times ensure that student and other University interests are protected. It is anticipated that in most cases a mutually satisfactory arrangement will be reached within the general provisions indicated in s. 22.5.2 and s. 22.5.3 below.

22.5.2 Nomination

If nominated the Member shall be permitted leave during the campaign without salary reduction for the following maximum periods:

22.5.2.1 for election to the Federal Parliament: six (6) weeks;

22.5.2.2 for election to the Provincial Legislature: four (4) weeks;

22.5.2.3 for election to a Municipal Council or School Board: two (2) weeks;

22.5.2.4 for election as Mayor of Winnipeg: four (4) weeks.

These do not exclude the arrangement of shorter terms of leave that are mutually satisfactory.

22.5.3 Election

If elected the Member shall take a full leave of absence without pay with the following exceptions:

22.5.3.1 Provincial Legislature: the University may agree to a partial rather than a full leave without pay. However an appointment as Minister of the Crown shall require a full leave without pay;

22.5.3.2 Municipal Council (other than as Mayor of Winnipeg): partial or full leave without pay may be required depending on the impact on University duties. Should workload as a member of municipal council subsequently increase so as to interfere with the Member's ability to perform his/her duties, partial or full leave arrangements without pay shall be arranged;

22.5.3.3 School Board: no leave arrangement will be necessary if the dean/director or department head determines that School Board membership will not impact University duties. Should workload as a member of the School Board subsequently increase so as to interfere with the Member's ability to perform his/her duties, partial or full leave arrangements without pay shall be arranged.

22.5.4 Members' Rights While on Leave

During the time he/she is on leave, the Member shall have all the normal rights of Members on leave of absence without pay.

22.5.5 Benefits While on Leave

During the time he/she is on a full leave of absence without pay, the Member may, subject to the provisions of each benefit plan, arrange to maintain his/her benefit plans at his/her expense.

22.5.6 Members Holding Administrative Positions

Members shall resign their University administrative positions if elected to political office, and shall be subject to the procedures outlined in sections 22.5.1 to 22.5.5 above.

22.5.7 Use of University Facilities

In the conduct of political activities a Member shall not use the facilities, equipment, supplies and other services of the University at any time, or engage any other University personnel in the conduct of political activities during their working hours.

22.5.8 Return from Leave

Leave will normally be granted for a term approximately equal to the expected term of office. A Member shall be entitled to terminate his/her leave for elective office, granted under the provisions of s. 22.5.3 of this article, and return to the University at the beginning of any academic term if appropriate notice of his/her intention to return is given to the dean/director. In the case of full-time leaves granted under s. 22.5.3, any right to return from leave shall expire after two terms of elective office or ten (10) years from the date the full-time leave commenced, whichever is greater.

22.6 Leaves of Absence With or Without Pay

22.6.1 A leave of absence without pay to provide professional assistance on a full-time basis to an outside agency shall be granted a Member when the following conditions are met:

22.6.1.1 the Member's primary duties can be covered by a replacement deemed to be satisfactory by the University;

22.6.1.2 all of the University's contractual obligations relating to the Member can be met by a replacement deemed to be satisfactory by the University;

22.6.1.3 the University's obligations in this section do not extend beyond one (1) year's leave in five (5) years of paid full-time service at the University. Nothing in this section shall preclude further leaves of absence being taken by mutual agreement between the Member and the University.

22.6.2 A Member may apply for and the University may grant leaves of absence with or without pay in circumstances not covered explicitly by this article.

22.6.3 Contributions to the pension plan and staff benefits programs shall be continued by the University and the Member throughout the period of leave of absence with pay. The period of a leave of absence with pay shall be credited towards years of service in the calculation of pension benefits.

22.6.4 In cases of leaves without pay, except for those covered under s. 22.5.5 above, the Member may make arrangements to pay both the University's and his/her contributions to the pension plan and staff benefits programs or in special circumstances the University may continue to make its contribution to the pension plan and staff benefits programs on the condition that the Member also continue to make his/her contributions. If a Member is granted a leave of absence without pay and is without any source of remuneration during such leave, the University may in special circumstances pay both the University's and the Member's contributions to the pension plan and staff benefits programs.

 

Questions or Comments? Contact Josie Lubega at (204) 474-8288